American States Insurance Company v. Emilio D'atri, D/B/A D'atri's Sunoco Service Station, Leona A. Fox, William Fox and Clarence Fox Motors, Inc.

This is an appeal from an order of the District Court for the Northern District of Ohio dismissing a complaint filed by plaintiff-appellant, the American States Insurance Company, seeking relief under the Federal Declaratory Judgment Act, 28 U.S.C. Sections 2201 and 2202. We believe the complaint set out a case for declaratory relief under the mentioned statute and should be reinstated.

Plaintiff is a casualty insurance company which had in force with appellee, Emilio D’Atri, an insurance policy covering certain liabilities that might arise during the operation of D’Atri’s gasoline service…